AN ACT to amend and reenact §30-6-22 of the Code of West Virginia,
1931, as amended, relating to disposition of the remains of a
deceased military service member who dies while serving in the
United States armed forces.

Be it enacted by the Legislature of West Virginia:

That §30-6-22 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.

§30-6-22. Disposition of body of deceased person; penalty.

(a) No public officer, employee, physician or surgeon, or
other person having a professional relationship with the deceased,
shall send or cause to be sent to an embalmer, funeral director or
crematory operator the body of a deceased without first inquiring
the desires of the next of kin or any person who may be chargeable
with the funeral expenses of the deceased. If next of kin or
person can be found, his or her authority and direction shall be
used as to the disposal of the body of the deceased. The
provisions of this subsection are not applicable if the remains of
the decedent are subject to disposition pursuant to subsection (b)
of this section.

(b) Notwithstanding any provision of this code to the
contrary, a United States Department of Defense Record of Emergency
Data Form (DD Form 93) executed by a declarant who dies while
serving in a branch of the United States Military as defined in 10
U.S.C. §1481 constitutes a valid form of declaration instrument
and governs the disposition of the declarant’s remains. The person
named in the form as the person authorized to direct disposition of
the remains may arrange for the final disposition of the
declarant’s last remains.

(c) A person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $500 nor more than $1,000, or imprisoned not
less than ten days nor more than ninety days, or both.